Legal Question in Wills and Trusts in California

You can be added to title by recording a new Deed that is signed and notarized by your friend. You have to decide how you want to hold title and also understand the rights and responsibilities that go along with co-ownership of real property. In some cases, parties have formal written co-ownership agreements to avoid some of the pitfalls under common law. It would probably be a good idea to sit down with an attorney to discuss your situation before recording something.

Quite frankly the two of you have kind of a mess. Sure, the simple answer to your question is what Mr. Feldman says: just record a grant deed from her to her and you, after you decide how to hold title. The problem is that you will now be subject to documentary transfer tax on the deed. Depending on how much equity is in the property there may be gift tax too. The really big problem, however, is that unless you have the most unusual mortgage I've ever heard of, deeding away a half interest to a person who is not a co-borrower will be an event of default on the loan and the lender will have the right to call for payment in full.

What Mr. McCormick refers to is what is known as a "due on sale" clause. Because you refer to this person as your friend, and not by any other nomenclature, I believe that Mr. McCormick is right, and you would not qualify for any of the exceptions contained in Civil Code section 2924.6.)